Planning CommissionNov. 17, 2021

B-03 (C14-2021-0153 - Chalmers Avenue Redevelopment; District 3)d.pdf — original pdf

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ZONING CHANGE REVIEW SHEET CASE: C14-2021-0153 Chalmers Avenue Redevelopment DISTRICT: 3 ZONING FROM: GR-MU-CO-NP TO: CS-MU-CO-NP ADDRESS: 1701 East 3rd Street & 207 Chalmers Avenue SITE AREA: 0.67 acres PROPERTY OWNER: Emerald Grove Properties, LLC (Carl Forsythe) AGENT: Alice Glasco Consulting (Alice Glasco) CASE MANAGER: Heather Chaffin (512-974-2122, heather.chaffin@austintexas.gov) STAFF RECOMMENDATION: Staff supports the Applicant’s request for rezoning to CS-MU-CO-NP. The conditional overlay prohibits the following land uses: Automotive rentals, Automotive repair services, Automotive sales, Automotive washing (of any type), Bail bond services, Commercial off-street parking, Drop-off recycling collection facility Exterminating services, Food preparation, Food sales, Funeral services, Hotel-motel, Off-site accessory parking, Outdoor entertainment, Outdoor sports & recreation, Pawn shop services, and Service station. For a summary of the basis of staff’s recommendation, see case manager comments on page 2. PLANNING COMMISSION ACTION / RECOMMENDATION: November 17, 2021: CITY COUNCIL ACTION: December 9, 2021: ORDINANCE NUMBER: 1 of 18B-3 C14-2021-0153 2 ISSUES: No issues at this time. CASE MANAGER COMMENTS: The subject property is located at the southeast corner of Chalmers Avenue and East 3rd Street. The property is zoned GR-MU-CO-NP and includes two residential units and a semi- paved vacant area. Immediately to the south is property zoned CS-MU-CO-NP that includes Restaurant-general and Administrative office uses. Immediately east of the property are lots zoned SF-3-NP that are developed with Single family residential uses. Across Chalmers Avenue is Pathways at Chalmers Court, a MF-4-NP zoned property developed with affordable multifamily units. Across East 3rd Street to the north is Chalmers Court East, another affordable multifamily property that is zoned TOD-NP as part of the Plaza Saltillo Transit Oriented Development (TOD) area. Please see Exhibits A and B- Zoning Map and Aerial Exhibit. The Applicant has stated that the requested rezoning is to allow redevelopment of the property to include approximately 30 dwelling units and possible ground floor commercial uses. The existing zoning was established in 2010 and included several conditions that prevent the proposed redevelopment. Under City File # C14-2010-0137 (Ordinance # 20101104-032), the property was rezoned from SF-3-NP and CS-MU-CO-NP to GR-MU- CO-NP. The existing zoning includes several conditions; the proposed rezoning retains most of the prohibited land uses but does not include all of the conditions. First, the proposed rezoning does not limit the property to 3,000 vehicular trips per day (vpd). This is no longer a condition that the City applies to rezoning requests because trip generation is reviewed at time of site plan. Second, the existing zoning limits building height to 30 feet and 2 stories. This is not consistent with surrounding MF-4, CS and TOD zoning. Lastly, the proposed rezoning would prohibit 15 of the 17 land uses that are currently prohibited. The request would permit Restaurant-general and Restaurant limited, which are currently prohibited. Please see Exhibits C and D- Applicant Letter and Zoning Ordinance. Staff supports the rezoning request. In particular, the current height limits prevent redevelopment of the property to a level comparable with the surrounding MF-4, CS, and TOD properties. The SF-3-NP properties to the east will require compatibility standard to apply to any redevelopment of the site, so height will be required to “step back” from those lots. The addition of residential units in this central area with close access to the transportation options of the Plaza Saltillo TOD reflects several of the planning and community goals as outlined in the Strategic Housing Blueprint and other Council-approved actions. The Applicant has also agreed to maintain the most intense land uses that are currently prohibited. BASIS FOR RECOMMENDATION 1. The proposed zoning should be consistent with the goals and objectives of the City Council. Zoning should be consistent with approved and existing residential densities. 2. 3. Granting of the request should result in an equal treatment of similarly situated properties. 2 of 18B-3 C14-2021-0153 3 EXISTING ZONING AND LAND USES: ZONING LAND USES GR-MU-CO-NP TOD-NP CS-MU-CO-NP SF-3-NP MF-4-NP Single family residential Multifamily (Chalmers Court) Restaurant- General, Administrative office Single family residential Multifamily (Pathways at Chalmers Court) Site North South East West NEIGHBORHOOD PLANNING AREA: East Cesar Chavez NP TIA: Deferred to time of site plan. WATERSHED: Lady Bird Lake NEIGHBORHOOD ORGANIZATIONS: East Cesar Chavez NPCT East Cesar Chavez Neighborhood Assoc. Greater East Austin Neighborhood Association Austin Innercity Alliance El Concilio Mexican-American Neighborhoods A.N.T. Artists and Neighbors Together Claim Your Destiny Foundation Homeless Neighborhood Association Sierra Club Friends of Austin Neighborhoods Neighborhood Empowerment Foundation Neighbors United for Progress AISD Guadalupe Neighborhood Development Corporation Guadalupe Association for an Improved Neighborhood (GAIN) AREA CASE HISTORIES: Black Improvement Association Tejano Town SELTexas Austin Neighborhoods Council Austin Lost and Found Pets Preservation Austin Capital Metro East Austin Conservancy Barrio Unido Neighborhood Assoc. REQUEST SF-3-NP to GR- MU-CO-NP (see exhibit) MF-4-NP to TOD- NP COMMISSION 10/12/2010: To grant GR-MU-CO- NP, on consent 6/12/2018: To grant TOD-NP, on consent COUNCIL 11/04/2010: To grant GR-MU-CO- NP, on consent 6/28/2018: To grant TOD-NP, on consent CS-NP and MF-4- NP to MF-5-NP 2/13/2018: to grant MF-5-NP, on consent 3/22/2018: to grant MF-5-NP, on consent NUMBER C14-2010-0137 207 Chalmers Ave. C14-2018-0050.SH and C14-2018- 0051.SH Chalmers Courts East and West C14-2017-0133.SH Pathways at Chalmers Court South 3 of 18B-3 C14-2021-0153 4 EXISTING STREET CHARACTERISTICS: ADDITIONAL STAFF COMMENTS: Environmental 1. The site is not located over the Edwards Aquifer Recharge Zone. The site is located in the Lady Bird Watershed of the Colorado River Basin, which is classified as an Urban Watershed by Chapter 25-8 of the City's Land Development Code. 2. Zoning district impervious cover limits apply in the Urban Watershed classification. 3. According to floodplain maps there is a floodplain within or adjacent to the project location. Based upon the location of the floodplain, offsite drainage should be calculated to determine whether a Critical Water Quality Zone exists within the project location. 4. Standard landscaping and tree protection will be required in accordance with LDC 25-2 and 25-8 for all development and/or redevelopment. 5. At this time, site specific information is unavailable regarding vegetation, areas of steep slope, or other environmental features such as bluffs, springs, canyon rimrock, caves, sinkholes, and wetlands. 6. This site is required to provide on-site water quality controls (or payment in lieu of) for all development and/or redevelopment when 8,000 s.f. cumulative is exceeded, and on site control for the two-year storm. Comprehensive Planning Connectivity. There are public sidewalks located along one side of Chalmers Avenue, where there is new construction located and along both sides of East 3rd Street. Three public transit stops are located within 900 linear feet of the subject property. The property is also located 500 feet from the Pan American Neighborhood Park and within a quarter mile of another pocket park and a variety of restaurants and retail uses. Mobility and connectivity options are good in the area. East Cesar Chavez Neighborhood Plan (ECCNP). The ECCNP Future Land Use Map designates this property as ‘Mixed Use.’ Mixed Use is defined as an area that is intended for a mix of residential and non-residential uses, including office, retail and commercial services. The following goals and principles are from the East Cesar Chavez Neighborhood Plan: Vision for the Neighborhood: The neighborhood believes it is possible to build a strong, healthy, clean and safe neighborhood with a strong sense of its history, its cultural heritage, and the physical beauty of its homes, gardens and trees, where its families can continue to grow and prosper. It wants to remain a place where people sit on their front porches and wave to their neighbors or lend a helping hand, and where working people, the elderly and young families can afford to live. It hopes to be a neighborhood that nourishes and supports all types of people, from artists to day laborers, from the elderly to newborns. The neighborhood would like to see more housing available for its families, especially its elderly 4 of 18B-3 C14-2021-0153 5 and young families. It is willing to absorb some increase in density to accommodate these needs, so long as the neighborhood keeps it character. It would like to see infill in vacant lots to increase housing. It wants to remain a traditional neighborhood, with small stores that serve the neighborhood within walking distance. It would like to increase safety and security, especially in alleys and other dark areas of the neighborhood. Goal 1: Provide zoning for a mix of business and residential land uses in commercial areas. Objective 1: Change zoning on property currently zoned commercial or industrial to the "Smart Growth" zoning class called "Mixed Use," which would encourage a mixture of uses (retail, office, restaurants, civic, clean light industry and residential) in all commercial corridors (Cesar Chavez, 4th-5th rail corridor, 6th Street). Goal 2: Ensure that new structures and renovations are compatible with the existing neighborhood and protect homes from incompatible business or industry. Objective 1: Ensure that all new or redevelopment projects are compatible with the existing character of the area in scale, density, design, and parking. Goal 8: Preserve and increase the number of homeowners in the neighborhood. Housing Neighborhood Vision: The neighborhood needs more housing for its families, especially its elderly and young families. The neighborhood is willing to absorb some increase in density to accommodate these needs, as long as the neighborhood character is maintained. An array of housing options that area safe, accessible and affordable should be available. Providing more opportunities for existing residents to own their own homes is a priority. All residents will be able to access an array of housing options that are safe, accessible and affordable. Objective 3: Identify need for housing units for special populations (elderly, teen parents, homeless) and provide such housing as needed. Goals of the East Cesar Chavez Design Guidelines: The following Neighborhood Design Guidelines provide a common basis for making consistent decisions about building and streetscape design that may affect the character of a neighborhood. Adherence to the guidelines is voluntary. They are not intended to limit development within the East Cesar Chavez Neighborhood. Instead, they focus mainly on the streetscape - the publicly viewed area between the fronts of buildings along the street which includes: the streets and sidewalks in the public rights-of-way, and front yards, building facades (or fronts), porches and driveways, etc. on private property. The Guidelines give suggestions for building scale, size and shape, orientation and site development within the streetscape. The following three major goals provide the foundation for neighborhood design guidelines within the East Cesar Chavez Planning Area. Goal 1: Respect the Prevailing Neighborhood Character. The Guidelines document aims to reinforce those positive elements, patterns, and characteristics that exist within the neighborhood, which help create a unique sense of place within the city. The Guidelines serve as a framework for new development providing suggestions as to how it may fit into the existing neighborhood character in terms of scale, mass, building patterns, and details. Following the Guidelines helps to ensure that the existing neighborhood character is preserved, maintained or even enhanced. Goal 2: Ensure Compatibility and Encourage A Complementary Relationship between Adjacent Land Uses. The Guidelines may indicate a neighborhood's preference for increasing or decreasing the occurrence of certain types of land uses. Examples of this are as "encouraging more owner-occupied residential units" or "encouraging more small-scale retail 5 of 18B-3 C14-2021-0153 6 or grocery stores nearby". The Guidelines may also suggest how certain uses may be grouped together in order to create a complementary mix of uses. Creating easily accessible areas of such mixed-use and neighborhood-oriented services can also minimize the need for residents to travel by car to get goods and services needed on a day-today basis. Goal 3: Enhance and Enliven the Streetscape. The Guidelines also promote the design of safe, comfortable, and interesting streetscapes that help encourage walking, biking, and transit use. Key to achieving this goal is creating a sense of human scale in the buildings which line the street and providing accessible, adequately-sized and protected pathways. Additionally, safety is enhanced by increasing visibility from buildings to the sidewalk and street, "the eyes on the street". The ECCNP appears to support the construction of additional housing in the planning area and the retention and expansion of homeownership and Mixed Use for this parcel. The goals of the East Cesar Chavez Design Guidelines should also be reviewed and considered when designing this project. Imagine Austin. The project area is located one block away from an Activity Corridor and near the Plaza Saltillo Neighborhood Center. The following Imagine Austin policies are applicable to this case:  LUT P3. Promote development in compact centers, communities, or along corridors that are connected by roads and transit that are designed to encourage walking and bicycling, and reduce health care, housing and transportation costs.  LUT P4. Protect neighborhood character by directing growth to areas of change that includes designated redevelopment areas, corridors and infill sites. Recognize that different neighborhoods have different characteristics and new and infill development should be sensitive to the predominant character of these communities.  LUT P5. Create healthy and family-friendly communities through development that includes a mix of land uses and housing types and affords realistic opportunities for transit, bicycle, and pedestrian travel and provides both community gathering spaces, parks and safe outdoor play areas for children. Based on the comparative scale of this site relative to other nearby multi-family and mixed- use projects in the area; the Imagine Austin policies listed above that supports a variety of housing types and mixed use; and the text and policies from the East Cesar Chavez NP, this project appears to support the Plan. Site Plan SP 1 Site plans will be required for any new development other than single-family or duplex residential. SP 2 Any development which occurs in an SF-6 or less restrictive zoning district which is located 540-feet or less from property in an SF-5 or more restrictive zoning district will be subject to compatibility development regulations. SP 3 Any new development is subject to Subchapter E. Design Standards and Mixed Use. Additional comments will be made when the site plan is submitted. Compatibility Standards SP 4 The site is subject to compatibility standards. Along the east property line, the following standards apply:  No structure may be built within 25 feet of the front property line. 6 of 18B-3 C14-2021-0153 7  No structure in excess of two stories or 30 feet in height may be constructed within 50 feet of the property line.  No structure in excess of three stories or 40 feet in height may be constructed within 100 feet of the property line.  No parking or driveways are allowed within 25 feet of the property line.  A landscape area at least 25 feet wide is required along the property line. In addition, a fence, berm, or dense vegetation must be provided to screen adjoining properties from views of parking, mechanical equipment, storage, and refuse collection.  For a structure more than 100 feet but not more than 300 feet from property zoned SF- 5 or more restrictive, 40 feet plus one foot for each 10 feet of distance in excess of 100 feet from the property zoned SF-5 or more restrictive.  An intensive recreational use, including a swimming pool, tennis court, ball court, or playground, may not be constructed 50 feet or less from adjoining SF-3 property.  Additional design regulations will be enforced at the time a site plan is submitted. Parks & Recreation PR1: PR1: Parkland dedication will be required for the new residential units proposed by this development, multifamily with CS-MU-CO-NP zoning, at the time of subdivision or site plan, per City Code § 25-1-601. Whether the requirement shall be met with fees in-lieu or dedicated land will be determined using the criteria in City Code Title 25, Article 14, as amended. Should fees in-lieu be required, those fees shall be used toward park investments in the form of land acquisition and/or park amenities within the surrounding area, per the Parkland Dedication Operating Procedures § 14.3.11 and City Code § 25-1-607 (B)(1) & (2). If the applicant wishes to discuss parkland dedication requirements in advance of site plan or subdivision applications, please contact this reviewer: thomas.rowlinson@austintexas.gov. At the applicant’s request, PARD can provide an early determination of parkland dedication requirements. Transportation Assessment of required transportation mitigation, including the potential dedication of right of way and easements and participation in roadway and other multi-modal improvements, will occur at the time of site plan application. A traffic impact analysis shall be required at the time of site plan if triggered per LDC 25-6-113. The adjacent street characteristics table is provided below: Water Utility AW1. The landowner intends to serve the site with City of Austin water and wastewater utilities. The landowner, at own expense, will be responsible for providing any water and 7 of 18B-3 C14-2021-0153 8 wastewater utility improvements, offsite main extensions, utility relocations and or abandonments required by the land use. The water and wastewater utility plan must be reviewed and approved by Austin Water for compliance with City criteria and suitability for operation and maintenance. Based on current public infrastructure configurations this site is in an area with capacity concerns, and it appears that service extension requests (SER) will be required to provide service to this lot. The landowner must pay the City inspection fee with the utility construction. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. INDEX OF EXHIBITS TO FOLLOW A: Zoning Map B. Aerial Exhibit C. Applicant Letter D. Zoning Ordinance 8 of 18B-3 TOD-NP ( TOD-NP P O H S R A B D E S U G. D L B E FIC F O TOD-NP 5-5 8 P S ( ( E F A C P O H Y\S T U A E B - 5 8 P S 5 0 0 TOD-NP ( R A B P O H \S Y D O B Y R E L L A G C. F F O TOD-NP WHSE WHSE TOD-NP G KIN R A P ( TOD-NP ( ( T. S E R TOD-NP GAS STA. UNZ 84-469B TOD-NP ( ( ( BAR T N S NIO O R A B 8 4 1 -0 1 0 R A B 01-0148 TOD-NP AIL T E R ( . C F O TOD-NP TOD-NP MFTG. CO. TOD-NP VAC BLDG. ! ! ! ! TOD-H-NP C14H-2018-0151 ! ! ! ! PARKING ! ! ! ! MEAT CO. ! ! ! ! ! ! ! ! ! ! ! ! TOD-NP REST. REST. ! ! Y R ! ! E K A B ! ! ! ! TOD-NP ! ! E S H W !! !! ! ! R A B TOD-CURE-NP C14-2011-0091 C14-2008-0029 GARAGE 00-2102 SP97-0366C T L S A M O C ! ! ! ! V A C ! ! ! TOD-CURE-NP C14-2017-0105 VAC ( ( ! ( VAC ! ! ! ! ! T SP-04-1051C.SH O S ! H C !! N O C DIST. WHSE 55-040 CHALMERS COURTS 00 -2 1 02 C14-2018-0051.SH TOD-NP 00 -2 1 02 NPA-2018-0002.01.SH (AUS TIN H OUS ING AU TH ORITY) TOD-CURE-NP READY C14-2016-0049 TOD-CURE-NP C14H-2008-0037 T C S A Y A T T A TOD-H-NP TOD-H-NP TOD-NP R A B TOD-NP AUTO\REPAIR REPAIR ( ( ( TOD-NP E G D O L ( SF-3-NP 00-2102 MF-3-NP ! ! ! ! ! ! ! ! ! ! ! TOD-NP ! ! ! 00-2102 C 2 8 1 5-0 9 ! T N A C A V TOD-NP ( ! ! T N A C A V TOD-CURE-NP C14-2016-0051 ! ! NPA-2008-0002.01 ! ! ! ! ! 97-0056 TOD-NP ! ! ! ! ! T N A C A V ! ! !! ! G. N K P T C A V N S NIO O ( TOD-NP E G A R O T S 0 9 -2 4 8 G. 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OFFICE TOD-NP NPA-2008-0010.01 ( ( 01-0148 ( ( E 9TH ST ( ( ( ( SF-3-NP ( ( ( ( 01-0148 ( ( ( ( SF-3-NP ( ( ( EXHIBIT A ( ( ( ( E 8TH ST ( ( SF-3-NP ( ( SF-3-NP ( ( ( 01-0148 ( ( ( C14-2009-0041 ( CS-CO-MU-NP ( ( ( ( T S A F D O O F R A B R A B N TIO U RIB DIS T WELDING SHOP SP- 05 -1 3 55 C 01 -0 1 66 BEER DIST. TOD-NP CO. RECYCLE POST\OFFICE C14-01-0166.002 CS-CO-MU-NP C14-2012-0147 E 6TH ST CS-MU-CO-NP SP-2007-0487D 00 -2 1 02 OO-2102 75-113 69-116 84 -3 2 0 CHALMERS COURT TOD-NP C14-2018-0050.SH (AUSTIN HOUSING AUTHORITY) 00 -2 1 02 PARK CS-CO-MU-NP 01-0166 WHSE OFFICE E 5TH ST 00-2016 TOD-NP SP92-239C WHSE 01-0166 SPC-00-2001A WHSE E 4TH ST WHSE CS-CO-MU-NP VECH\MAINT\BLDG 01-0166 AUTO\BRAKE\SHOP ( SF-3-H-NP ( ( C14H-2019-0112 SF-3-NP CS-MU-CO-NP SF-3-NP CS-CO-MU-NP PLAYGROUND 01-0166 SF-3-NP ! ! ! ( ! ! NPA-2018-0002.01.SH E V S A R E M L A H C ! GR-MU-CO-NP ( C14-2010-0137 ! ! ( NPA-2010-0002.01 ! SF-3-NP 74-073 ! ( T ( A S IN L A S CS-MU-CO-NP AUTO SERVICES APTS. ( ( ! ! ! ! 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S E R ( ( CS-CO-MU-NP 01-0166 ( CS-CO-MU-NP ( ( ( CS-CO-MU-NP Y C A M R A H P T ( ( NO-MU-CO-NP ( Y S N O H T N A ( METZ ( ( SF-3-NP ( C14H-2016-0008 01-0166 ( ( SF-3-NP ( ( ( SF-3-NP 01-0166 SF-3-NP SCHOOL 01-0166 ELEMENTARY ( ( ( SF-3-NP ( SF-3-NP ( ( 00 -2 1 02 ( ( SF-3-NP ( ( ( 01-0166 ( SF-3-NP 01-0166 4 7 0 - 3 7 SF-3-NP SF-3-NP ( ( ( ( ZONING ZONING CASE#: C14-2021-0153 SF-3-NP GARDEN ST SF-3-NP LO-MU-CO-NP ± This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 400 ' This product has been produced by the Housing and Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or Created: 9/16/2021 9 of 18B-3 TOD-NP E 4TH ST EXHIBIT B TOD-NP TOD-NP E 3RD ST MF-4-NP CS SF-3-NP C14-2021-0153 GR-MU-CO-NP K21 E V S A R E M L A H C CS-MU-CO-NP T A S LIN A S SF-3-H-NP SF-3-NP CS-MU-CO-NP SF-3-NP E 2ND ST CS-MU-CO-NP CS-MU-CO-NP CS-MU-CO-NP ± 1'' = 100' Chalmers Avenue Redevelopment C14-2021-0153 Creek Buffers ZONING BOUNDARY ZONING CASE#: LOCATION: SUBJECT AREA: GRID: MANAGER: C14-2021-0153 1701 East 3rd Street; 207 Chalmers Ave. 0.67 Acres K21 Heather Chaffin FULLY DEVELOPED FLOODPLAIN This map has been produced by the Communications Technology Management Dept. on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Copyright nearmap 2015 10 of 18B-3 ALICE GLASCO CONSULTING EXHIBIT C September 9, 2021 Rosie Truelove, Director Housing aad Planning Deparftnent 1000 E. 1 lth Street, Suite 200 Austir, Texas 78702 RE: 1701 E. 3'd Street & 207 Chalmers Avenue Rezoning Dear Rosie: I represent Emerald Grove Properties, LLC, the entity that owns the subject property. On behalf ofthe property owner, I am submitting a rezoning application to change the zoning from GR-MU-CO -NP to CS-MU-NP. The purpose ofthe rezoning is to remove roms s6ldifional overlay provisions imposed on the property under zoning case number: C14-2010-0137 (ordinance # 20101104-032). Additionally, the requested zoning of CS-MU-NP will allow for additional floor-to-area ratio. Below is a list ofthe conditional overlay provisions that need to be removed: conditions 1-3. and allow 2 uses from the list of orohibited uses: 1. A site plan or building permit for the Properfy may not be appror"d, ."1"*"d, o. issued, if the completed development or uses ofthe Property, considered cumulatively with all existing or previously authorized development, and uses, generate traffic that exceeds 300 trips per day. Remove 2. The maximum height of a building or structure on the Property is 30 feet from grourd level. Remove 3. The maximum height of a building or structue on the Property is two stories. Remove. 4. Restaurant (gereral) and Restaurant (limited). Allow 11 of 18B-3 Piease 1et me know if you have any questions or need additional information. Ali'ce Giasco Consulting Cc: Joi Harden, Division Manager Heather Chaffin, Zoning Planner 12 of 18B-3 ORDINANCE NO. 20101104-032 EXHIBIT D AN ORDINANCE REZONING AND CHANGING THE ZONING MAP FOR THE PROPERTY LOCATED AT 207 CHALMERS AVENUE AND 1701 EAST 3™ STREET IN THE EAST CESAR CHAVEZ NEIGHBORHOOD PLAN AREA FROM FAMILY RESIDENCE-NEIGHBORHOOD PLAN (SF-3-NP) COMBINING DISTRICT AND GENERAL COMMERCIAL SERVICES-MIXED USE- CONDITIONAL (CS-MU-CO-NP) COMBINING DISTRICT TO COMMUNITY COMMERCIAL-MIXED USE- (GR-MU-CO-NP) CONDITIONAL OVERLAY-NEIGHBORHOOD COMBINING DISTRICT. OVERLAY-NEIGHBORHOOD PLAN PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. The zoning map established by Section 25-2-191 of the City Code is amended to change the base district from family residence-neighborhood plan (SF-3-NP) combining district and general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district to community commercial-mixed use-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district on the property described in Zoning Case No. C14-2010-0137, on file at the Planning and Development Review Department, as follows: A 29,385 square feet tract of land, more or less, out of Outlet 22, Division "O", Government Outlets, City of Austin, the tract of land being more particularly described by metes and bounds in Exhibit "A" incorporated into this ordinance (the "Property"), locally known as 207 Chalmers Avenue and 1701 East 3rd Street, in the City of Austin, Travis County, Texas, and generally identified in the map attached as Exhibit "B". PART 2. Except as specifically provided in Part 3 and Part 4 of this ordinance, the Property may be developed and used in accordance with the regulations established for the community commercial (GR) base district, the mixed use combining district, and other applicable requirements of the City Code. Page 1 of 3 13 of 18B-3 PART 3. The Property within the boundaries of the conditional overlay combining district established by this ordinance is subject to the following conditions: A. A site plan or building permit for the Property may not be approved, released, or issued, if the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exceeds 300 trips per day. B. The maximum height of a building or structure on the Property is 30 feet from ground level. C. The maximum height of a building or structure on the Property is two stories. D. The following uses are prohibited uses of the Property: Automotive rentals Automotive sales Bail bond services Drop-off recycling collection facility Food preparation Funeral services Off-site accessory parking Outdoor sports & recreation Restaurant (general) Service station Automotive repair services Automotive washing (of any type) Commercial off-street parking Exterminating services Food sales Hotel-motel Outdoor entertainment Pawn shop services Restaurant (limited) PART 4. The Property is subject to Ordinance No. 001214-20 that established the East Cesar Chavez neighborhood plan combining district. Page 2 of 3 14 of 18B-3 PART 5. This ordinance takes effect on November 15, 2010. PASSED AND APPROVED November 4 2010 U^-S rl^rr:. Lee Eeffingwell Mayor APPRO VE6TM ATTEST Acting City Attorney f^ VM/EA*jlf \A.. /^sP^'V Shirle}! A. Gentry City Clerk ^^1 * < • y~~l l l Page 3 of 3 15 of 18B-3 Exhibit aA" DESCRIPTION Page! OF A 29,385 SQUARE FEET TRACT, BEING OUT OF AND A PART OF THE OUTLOT 22, DIVISION *O", GOVERNMENT OUTLOTS CITY OF AUSTIN AS RECORDED IN THE GENERAL LAND OFFICE OF TEXAS, SITUATED IN TRAVIS COUNTY, TEXAS, ALSO BEING ALL OF TRACT 1, TRACT 2, TRACT 3 AND TRACT 4 AS DESCRIBED IN DOCUMENT#2008066977 OF THE TRAVIS COUNTY DEED RECORDS, SAID 29,385 SQAURE FEET TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Beginning at a !/z" Iron Rod Found at the Southeast corner of the intersection of Chalmers Avenue (60* Right-of-Way) and East 3* Street (60* Right-of-Way), Being the Northwest coiner of Tract 4 as described in Document #2008066977 of the Travis County Deed Records; Thence, S67°05'03**E, with the South Right-of-Way of East 3rd Street and the North line of the said Tract 4 and Tract 3 for a distance of 193.72* feet to a Calculated Point at the Northeast corner of the said Tract 3 and the Northwest corner of a tract as conveyed to Saul Leon and San Juana Puente as recorded in Document #2002007874 of the Travis County Deed Records; Thence, S23°02'59"W, with the common line between the said Tract 4, Tract 2 and the said Saul Leon Tract, for a distance of 151.38 feet to a Calculated Point for the Southeast corner of the said Tract 2 and the Southwest corner of the said Saul Leon tract and being in the North line of a tract as conveyed to 2nd Street LLC as recorded in Document #2006213319 of the Travis County Deed Records, From Which a W* Iron Rod Found Bears S67Q35'33"E, 99.47* feet; Thence, N67D15*50"W with the common line between the said Tract 2, Tract I and the said 2nd Street LLC for a distance of 193.73* feet to a V? Iron Rod Found at the Southwest corner of the said Tract 1 and the Northwest corner of the said 2nd Street LLC tract, being in the East Right-of-Way of Chalmers Avenue (60* Right-of-Way); 16 of 18B-3 Exhibit "A" Page2 Thence, N23°02'59"E, with the East line of the said Chalmers Avenue and the West line of Tract 1, Tract 4 for a distance of 151.99' feet to the Place of Beginning., containing 29,385 Square Feet of land area. The bearings for the above description are based upon the City of Austin Base line on East 2nd Street.per District Map #15 Dated August 20,1940 I hereby certify that this field note description was prepared from the results of an actual survey made on the ground under my supervision and that it is true and correct to the best of my knowledge. STATE OF TEXAS )( COUNTY OF TRAVIS )( LIVE OAK SURVEYING 12421 WycliffLane Austin, Texas 78727-5220 DEAN A. WOOD! REGISTERED PK^fiSSIONAL LAND SURVEYOR NO. 5086 DATE 889011 OFiledNotes.wps 17 of 18B-3 SUBJECT TRACT PENDING CASE — - 1 L - - ZONING BOUNDARY = 400' ZONING CASE#: C14-2010-0137 LOCATION: 207 CHALMERS AVE SUBJECT AREA: 0.675 ACRES GRID: K21 MANAGER: JO I HARDEN This map has been produced by the Communications Technology Management Dept on behalf of the Planning Development Review Dept. for the sole purpose of geographic reference. No warranty is made by the Crtv of Austin reoardrna specific accuracy or comoleteness 18 of 18B-3